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Communication Is Key to e-Discovery Success
Given how they say in real estate, 'location, location, location,' the mantra for e-discovery and document reviews should be 'communication, communication, communication.'
The recent lawsuits filed by Sullivan & Cromwell and Electronic Evidence Discovery, Inc. ('EED') against one another brought to the forefront some of the frustrations that law firms and the vendors to which they outsource are currently experiencing. Among the challenges that commonly arise are incomplete data, missed deadlines, incorrectly tagged documents and budget overruns, all of which can wreak havoc on a litigation and sour a vendor's relations with the client. The Sullivan and EED suits ultimately were settled out of court and attributed to 'miscommunications.'
So how do you get legal professionals at law firms, e-discovery and staffing vendors to function harmoniously in order to minimize problems? It's certainly not easy. There are few simple answers, given all the factors involved that can influence the outcome, including judges, lawyers, litigation support professionals, clients, vendors and the multitude of complex technologies involved. A good start is having a simple awareness of this fact ' along with a little dose of humility, which can go a long way toward overcoming the problems we all face on a daily basis.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?